Efectul liberator al plăţii făcute unui creditor aparent în reglementarea Codului civil

PAVEL PERJU*

* e-mail: pavel.perju@gmail.com

ALEXANDRU MĂGLAŞ**

** e-mail: alexandru@maglas.ro

Avocat - Baroul Bucureşti

ABSTRACT

The study deals with the issue of the liberating effect of the payment made in good faith to an apparent creditor. Under the conditions in which Article 1478 of the new Civil Code does not assimilate the expression "holder of the claim", used retrospectively, and does not determine the meaning of the notion of apparent creditor, the authors of the study resort to the interpretation of the text based on its finality. As a result, inductively, in the light of the existing regulations in this matter, found in the body of the Civil Code and of some special laws, the study analytically renders the scope of the persons considered legislatively to be an apparent creditor. No less, circumstantially, the conditions for applying these regulations are presented. Likewise, the study draws...